IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER and SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER (Assessment Year: 2011-12)

ITO, Ward 18 (3), vs. Nitin Johari, Delhi. 15, Sadhna Enclave, 2^nd Floor, New Delhi – 110 017.

(PAN : AAJPJ4136D)

(APPELLANT) (RESPONDENT)

ASSESSEE BY : Shri V.K. Agarwal, CA REVENUE BY : Ms. Baljeet Kaur, CIT DR Date of Hearing : 22.01.2025 Date of Order : 22.01.2025

O R D E R

PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER :

1. The assessee has filed appeal against the order of the Learned Commissioner of Income Tax (Appeals)-23, New Delhi (for short ‘ld. CIT (A)’) dated 19.03.2021 for Assessment Year 2011-12 raising following grounds of appeal :-

“l. The Ld. CIT(A) has erred in deleting addition of Rs.2,21,95,652/- made by AO on account of LTCG amounting to Rs.2,09,39,295/- and commission expenses @ 6% amounting to Rs.12,56,357 / - ignoring the facts and circumstances of the case.

2. The Ld CIT(A) has erred in ignoring the fact that the tally data revealing the cash payment by the assessee for obtaining bogus LTCG was enearthed during the search proceedings on Raj Kumar Kedia. That during the pre-search enquirie